KC&A developed fair market value rates for fiber optic and cellular occupancies in all of the MBTA's various rights-of-way. This evaluation was part of a larger effort to develop rates for the Massachusetts Department of Transportation (See appropriate heading in DOT section.).

2. SAMTRANS (2014-ONGOING)

This agency owns and operates the Cal Train that runs the length of Silicon Valley from San Jose to San Francisco. In 2014 Samtrans installed dark fiber to provide signaling/monitoring of its Positive Train Control System (PTS). Additional fiber along the entire ROW was also installed for commercial re-sale. KC&A was hired to determine the fair market value of this fiber, reach out to parties interested in using/developing the dark fiber and forecasting potential future revenues for the agency.

3. CHICAGO TRANSIT AUTHORITY (2015-2016)

KC&A developed cellular rates for CTA. This included zones (urban, suburban and exurban), as well as definitions for types of cell towers and other facilities, e.g., Distributed Antenna Systems (DAS).

4. NEW YORK METROPOLITAN TRANSPORTATION AUTHORITY

A. Appraisal and Determination of Fair Market Value for New York MTA Agencies’ ROW (2009-Present)

KC&A was selected through a competitive bid process to determine the fair market value (FMV) of all types of occupancies in dedicated ROW for the Long Island Rail Road, Metro-North Railroad and New York City Transit. As a separate matter, FMV rates were also provided for two unique real estate holdings: Grand Central Terminal and the Park Avenue Tunnel. The types of occupancies for which rates were provided include:

KC&A uses an approach that goes beyond standard real estate appraisals to determine FMV. Based on our long experience, we are able to determine factor into the rates the insider information, i.e., the real pricing and in-kind trade-offs that affect pricing within the telecommunications and other industries Google Earth is used for survey work that reduced the time and cost of preparing the analysis. In 2010, KC&A is developing additional recommendations for contract language, adjusting the rates for the individual agencies and making other changes that will lead to a fully operational rate system for the largest transit system in the United States.

In July, 2004, KC&A was selected by the New York Metropolitan Transportation Authority, to draft a Request for Proposals (RFP) that encouraged commercial wireless carriers to offer services to more than 500,000 of their daily riders, customers and visitors to Grand Central Station and the three-mile long Park Avenue Tunnel. As part of that process, KC&A conducted a market survey of other transit districts, airports and other government agencies to determine the fair market value for allowing wireless (commercial and Wi-Fi) carriers to enter these premier facilities.

The RFP was issued in December, 2004. Three proposals were received. In June, 2005, the New York MTA determined that the best proposal was from a consortium of the major commercial carriers, led by Verizon. The agency has been in negotiations with Verizon every since that date.

C. Governors Island Appraisal (2010-2011)

In 2010, KC&A was asked to provide this specialized appraisal to determine the FMV for all electrical and telecommunications conduits going to, from and through Governors Island. This is a small island between Manhattan and Brooklyn that is a converted military base that is being developed by the City of New York. The property’s location means it can either maintain its current usage for summer fairs and art shows—or become a major commercial hub with skyscrapers and commercial development a scant 400 yards from the Financial District.

KC&A provided a report that indicated FMV for the current non-commercial development. We also provided contract language, escalator clauses and other terms and conditions to ensure NYMTA continues to receive FMV—if substantial commercial development occurs. This specialized appraisal service provides long-term security and value to our clients.”

5. BAY AREA RAPID TRANSIT DISTRICT (1992-2010)

A. CCJPA Mobile Wireless Broadband Project (2006-2010)

As described in greater detail in our “New Directions” section, KC&A has been actively involved for almost four years in developing mobile broadband wireless services and applications for this subsidiary of BART that now manages all services on AMTRAK trains between Sacramento and San Jose California (181.5 miles of ROW). An RFI and a Proof of Concept test have already been accomplished. An RFP has been drafted and is ready for issuance in the first quarter of 2010.

B. The First Telesystem (1993-1999)

In 1994, KC&A completed one of the first, and still most successful revenue sharing public/private partnership arrangements, for a public agency in the United States. That telecommunications agreement was on behalf of our client, the Bay Area Rapid Transit District (BART) with Metropolitan Fiber Systems Network Technologies (MFSNT). In 1996, the partners completed construction of a multi-duct fiber optic system within BART's right of way, known as the Telesystem. KC&A designed the RFP and evaluation criteria, and assisted BART personnel in the evaluation of four different proposals.

This project has created tens of millions of dollars of new revenue for BART (Estimated annual income is now $3.5 million, rising to $5 million by the year 2001); as well as providing new products and services for BART riders along the Bay Area's portion of the "Information Super Highway". This unique relationship also provides BART with a comprehensive telecommunications system that integrates a state-of-the-art trunked radio system, fiber optics and related electronics (SONET).

C. Telesystem 2: (2000-2010)

KC&A assisted BART in creating two major, new marketing opportunities:

A process and pricing for dark fiber strands and sheaths in the existing Telesystem. KC&A also provided market analysis and negotiating assistance for trading, or "swapping" of dark fiber between BART and private parties‹to each other's mutual benefit.

Developing and negotiating with Pacific Bell to construct a huge (capacity for 75+ fiber optic cables) wireway system in BART's Trans Bay Tube between San Francisco and Oakland, California. This project will allow BART to obtain revenues from other carriers as they place their cables in this system for the next twenty years.

D. Wireless Revenue Development

Site License Agreements: Since 1998, KC&A has assisted the District in negotiating Master License Agreements (MLA's) with all Bay Area wireless carriers. These contractual agreements, developed first in New Jersey by our firm, establish all the major terms and conditions, including revenues, for a public agency at the beginning of the public/private partnership arrangement. Individual sites are then appended to the MLA on an as-needed basis. This approach curtails bureaucratic "red tape" that often prevents a public agency from even being considered by the industry for cell site development. It also ensures reasonable application of rental payments that precludes any claims of unfair treatment by the carriers under the U. S. Telecommunications Act of 1996. In BART's case, the projected revenues of $750,000 to $1 million per year will also provide much - needed funds for other joint development purposes.

Underground Service: Kingston Cole & Associates designed an RFP for underground wireless site development‹the 30 plus miles of the BART train system that include tunnels and the Trans Bay Tube. The objectives of the RFP were to provide riders with continuity of service as well as generate additional revenues. The RFP was issued in October of 2000; four proposals were received in the spring of 2001; Andrew Corporation was selected for exclusive negotiations in the fall of 2001. Final negotiations were ongoing, as of the spring of 2003. The RFP language was incorporated into similar RFP's issued by transit agencies in Boston and Chicago.

E. Strategic Alliances and the next - generation internet

In 1997, KC&A began a series of new projects for BART including: Inquiries and active discussions with potential "Strategic Partners", e. g., the University of California at Berkeley, Lawrence Livermore Laboratories, etc., for maximum utilization of BART's fiber optic Telesystem and/or additional revenues; 2.) Discussions and negotiations with private companies and vendors to conduct BETA tests and other evaluations of their products and services, employing BART's Telesystem as a high speed, telecommunications "test track."

Out of this effort emerged BART's participation in the development of the next generation of the Internet, known as the NGI. In June of 1999, the BART Board of Directors approved Articles of Collaboration on behalf of the District with Lawrence Livermore, Nortel and the Department of Defense Applied Research Agency (DARPA). BART became the first transit district in the country to become an integral part of such a high level, national priority experiment. The key issues that were negotiated included intellectual property rights, access to the "test track" to evaluate BART-specific applications (e. g., anti collision applications) and BART's role as a principal on the Management Committee for the project. KC&A played a key role in the yearlong negotiations for this first-of-its-kind project.

F. Pay Telephones

KC&A was also BART's consultant for the renewal of the District's pay telephone concession in 1993. KC&A designed the RFP and evaluation criteria, and assisted BART personnel in the evaluation of five different proposals. BART's annual payments were doubled (from $503,000 per year to an estimated $1,250,000 per year) because of the new contractual arrangement. New features and services, as well as more pay telephones, were added to the concession arrangement.

6. THE PENNINSULA JOINT POWERS BOARD TRANSIT DISTICT (1993-1999)

KC&A conducted a market survey for this three county joint powers board (JPB), which operates a mass transit train system (the CalTrain) the length of the San Francisco/Bay Area Peninsula (the fabled "Silicon Valley"), in the summer of 1993. We estimated more than $1 million in revenues could be obtained from licensing of the right of way to the fiber optics industry. We then assisted the JPB in a legal analysis of existing easements, the disposition of which is still undetermined.

Recently, JPB extended their contract with KC&A including the process for negotiating with the wireless industry for cell site locations, as well as the analysis of proposals from, and development of negotiating strategies with, fiber optic developers. In June of 1996, KC&A negotiated a master license agreement for JPB with Sprint Spectrum, the first such agreement for a transit agency.

In the spring of 1997, KC&A developed an RFP for fiber-optic development of the CalTrain ROW, asking the industry to respond with formal proposals. Negotiations with the selected vendor, Metromedia Fiber

Networks (MFN) were concluded at the end of the first quarter, 1999. Terms and conditions of that agreement provided the JPB with:

$3 million advance against prospective revenues (estimated to be $.875 million per year)

One innerduct reserved for the JPB's exclusive use

24 strands of dark fiber reserved for the JPB's exclusive use

50% of revenues from rental fees from 3 other innerducts in 8 innerduct system

MFN agreed to construct an eight-innerduct-conduit system; operating the system and retaining four of the innerducts for their own commercial use. As of 2002, MFN had not indicated when they would complete this project.

In 1998, KC&A completed a detailed analysis of the LACMTA's rights-of-way and two proposals for their development with pubic/private partnership arrangements. Our final recommendation, accepted by upper management, was to reject the proposals and establish an LACMTA office within the Real Estate Division to negotiate directly with carriers and other interested parties. The result has been a number of successful license agreements with carriers, including: Sprint, Qwest and Broadwing Communications. Revenues have exceeded $1 million for both 1999 and 2000 (already achieved in the first quarter). KC&A continues to assist this agency in development of the program and individual negotiations.

In 2005, KC&A was tasked to perform a comprehensive evaluation of the terms, conditions and fees charged for encroachments into LACMTA¹s ROW. We surveyed all major fee programs for transit agencies throughout the country and developed a set of fees for longitudinal and transverse crossings. Fee structure and contract recommendations were developed for all types of encroachments, including fiber optic cabling, power cabling hazardous and non-hazardous pipes, etc

8. WASHINGTON, D.C. METROPOLITAN TRANSPORTATION ASSOCIATION (1999)KC&A completed an action plan analysis for this transit agency (WMATA) in the spring of 1999. This type of consulting activity involves a one to two week visit to a client that includes interviews with all relevant departments to: a.) Establish and define existing telecommunications capabilities; b.) Determine business case elements for future development of fiber optic and wireless systems for internal use and revenue production; c.) Assess integration of fiber and wireless systems and any associated information technology (IT) applications. A report and recommendations were provided to WMATA upper level management in June of 1999. The agency is still evaluating its options; as well as conducting an inventory of its existing fiber optic assets.

In the spring of 1999, KC&A designed an RFP for fiber optic development of existing conduit by the industry for the Tri-Met, a transit agency serving Portland and the surrounding "Silicon Valley" area for an RFP. In March, of 2000, negotiations were completed with Metromedia Fiber Networks (MFN) on a substantial revenue sharing arrangement. Tri-Met is now receiving approximately $2.6 million over a ten year period.), as well as the provision of other amenities for the agency.

In 2003, the Tri-Met selected KC&A as their consultants to develop an RFP for underground wireless site development in the three-mile tunnel that joins Hillsboro and Portland, Oregon. The winning proposal for the RFP was from a consortium of cellular companies, led by T-Mobile. The project is ongoing, as of the spring of 2006. Construction of the neutral host system is expected to commence in the summer of 2006.

In 2006, KC&A was asked again to evaluate Tri-Met’s entire dedicated ROW and develop rates for the following types of occupancies:

KC&A was also asked for recommendations regarding contract language and other ways to implement the rate program, e.g., Web site development. The program was put into place and is fully functional, generating over a million dollars in revenue.

In 2009, KC&A, in response to another Tri-Met request, updated and confirmed rates developed in our 2006 scope of work. In addition, we provided rates for two other new lines that have become operational since the 2006 time frame

10. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA) (1999-ongoing)

In 1999, VTA management selected KC&A to negotiate directly with all fiber optic carriers on a non- discriminatory basis to occupy existing conduit space (and possibly lease existing VTA dark fiber that has been declared surplus). This project involved a detailed analysis of existing market conditions and demand. Negotiations are now underway with the industry. KC&A is also assisting with negotiations with the wireless industry.

In 2002, VTA management selected KC&A to appraise the value of the agency's equipment located on "Communications Hill" in San Jose. Additional tasks included analysis of options, negotiating scenarios and actual assistance in negotiations with San Jose County Communications personnel, the owners and lessors of the location.

11. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (1995-1996)KC&A developed a comprehensive market survey for the Southeastern Pennsylvania Transportation Authority (SEPTA) for development of its rights of way with wireless and fiber optic technologies. The client received a report that included strategic options, recommendations and valuations and comparable rates paid to other public agencies. The transit agency issued an RFP for a wireless qualified broker/agent to assume all marketing and maintenance of SEPTA properties in the summer of 1997; responses are being evaluated. This transit district has not been able to determine how to best market its ROW for fiber optic development.

12. SACRAMENTO REGIONAL TRANSPORTATION AUTHORITY (2009)

KC&A was asked by Sacramento RT to develop a set of rates for ROW occupancies similar to those developed for Tri-Met and New York MTA. The types of occupancies included:

The scope of work was accomplished in less than two months. Sacramento RT presented the rates and other recommendations from KC&A to their Board of Directors in September, 2009. The program is now fully operational.

KC&A is developing fair market value rates for several types of occupancies in NYSDOT's rights-of-way, including fiber optic cabling and duct space, various types of electrical cabling and all types of pipelines (pressurized, non-pressurized, hazardous and non-hazardous). This agency has also requested assistance with development of a streamlined process to handle permit applications and ensure adequate payment for one-time inspections and other activities.

2. MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (2013-2015)

KC&A developed fair market value rates for cellular and fiber optic occupancies of Mass DOT's various rights-of-way and other facilities (e.g., buildings, maintenance yards, etc.). Rates were designed by zones (urban, suburban and exurban), with sub categories for types of facilities (cellular towers sizes/fiber counts and cables, etc.). Other recommendations regarding improved processing of permits, negotiating contracts, providing contract forms, etc. were provided to the client during the consulting effort.

3. VERMONT DEPARTMENT OF TRANSPORTATION (2015)

KC&A developed fair market rates for fiber optic occupancies in the VTrans right-of-way. Emphasis was placed on development of Interstate ROW (Controlled Access highways) for this project.

4. ELECTRONIC TOLL COLLECTION PROJECT (1996-1997)

The ETC Project was a multi-state, multi-agency project that generated over $200 million in revenue to the participants. The member agencies of this consortium included: The New Jersey Department of Transportation (the lead agency), the three New Jersey toll road agencies (Turnpike, Throughway and South Jersey), the Delaware Department of Transportation and the Port Authority of New York and New Jersey. Together, these agencies issued a RFQ/RFP for development of over 700 toll lanes with associated equipment to allow motorists to travel non-stop throughout their various rights-of-way, using small radio transponders (the size of automatic garage door openers). The projected cost for the entire project was approximately $300 million.

KC&A was the marketing consultant for this effort; discussing the project with major companies (Chase Bank and Lockheed were two bidders). We also assisted the agencies in negotiating the revenue sharing arrangements for the commercial portion of the fiber optic network that supports the entire ETC system. By the year 2001, the ETC program was on target with revenue projections; the participating agencies had received more than $60 million of a projected $205 million in revenues that will pay for more than two thirds of the capital costs (estimated at $245 million) of the entire project.

5. STATE OF MICHIGAN (1998-2002) KC&A was selected to provide consulting services to the Chief Information Officer (CIO) and the Department of Management of Budget for the State of Michigan to develop the first wireless resource sharing arrangement involving all of a state's agencies. This comprehensive program involves analysis of all current state agencies' processes, legal and regulatory conditions, other state and federal wireless program activities throughout the nation and in-depth interviews and discussions with all industry members and carriers interested in developing the State of Michigan's various assets.

KC&A also provided input in development of the RFP/RFQ. Seven proposals were received in the winter of 1998. AAT was selected for negotiations with the State of Michigan in the fall of 1999. Negotiations were completed in the fall of 2000. A fully functioning public/private program now exists that generates revenues of more than $1 million annually to the state; and allows creative development of Michigan's wireless telecommunications infrastructure.

KC&A has also assisted the CIO in evaluating high definition television (HDTV) options and scenarios for the State of Michigan. Additional investigation is ongoing to determine maximum efficiency for wireless data transmission over State-owned facilities serving all of Michigan.

6. STATE OF CALIFORNIA (1988-1993)KC&A served as a consultant to the State of California for the development of its 5000-instrument pay telephone concession arrangement. The firm was specifically tasked to developed functional specifications and requirements for the Department of Corrections, which comprises the largest number of state prisons in the United States. After three years, the State executed a contract with MCI that has resulted in almost three times the revenue to the State (From slightly more than $2 million (1988) to more than $5 million in 1993).

We achieved significant savings for other State agencies, including:

Teale Data Institute: This is the major computer database for all law enforcement agencies. In negotiations with Pacific Bell for provision of trained personnel and services, KC&A was able to save the Institute more than $250,000 year.

Department of General Services: In negotiations with Pacific Bell regarding proposed maintenance contracts for inside wiring of all State-owned building, KC&A was able to negotiate a new contract offer from the utility to the State that resulted in savings of more than $5 million per year for a period of three years (1988 to 1991), the year the Federal Communications Commission (FCC) fully de-regulated all inside wire. State agencies now manage and replace their own inside wire.

Pay Telephones: Kingston Cole & Associates was an integral part of the consulting team that negotiated a master contract for the State's pay telephones, resulting in more than $5 million per year in new revenues.

7. NEW JERSEY DEPARTMENT OF TRANSPORTATION (1994-1997)KC&A has been the telecommunications consultant to the New Jersey Department of Transportation (NJDOT) for the following areas:

Development of strategies, competitive bidding procedures and negotiations for all privatization efforts and projects involving ITS (Intelligent Transportation Systems) and system integrated fiber optic networks

Development of strategies and all face-to-face negotiations with cellular and personal communications systems (PCS) carriers for master lease agreements on NJDOT real estate

In 1995, KC&A negotiated the first, and largest public/private agreement for
cell sites in the United States for the State of New Jersey Department of Transportation with Bell Atlantic Mobile Systems/NYNEX. The agreement is a master license that establishes "one stop shopping" for the carrier with rates, equipment and all legal and other issues already resolved in comprehensive negotiations. Negotiations have also been concluded with AT&T Wireless (PCS and cellular agreements) and Comcast. They are ongoing with other carriers in the New York/New Jersey area for similar master license agreements.

In 1996, KC&A developed an RFP process for development of NJDOT's rights-of-way for a fiber optic joint development project. The scope of the project includes development of the RFP and evaluation criteria, and assistance in the solicitation, evaluation and negotiations process. This project was superseded by the ETC project, described above.KC&A also provided ongoing consulting advice to summer of 1997, after two years of effort, Governor Christie Whitman signed seminal legislation permitting the Commissioner of the Department to consider demonstration projects that now enhances New Jersey's various roadways and other facilities. KC&A provided the analysis of comparable legal and regulatory precedents in other states and suggested various strategies and tactics for this successful legislative effort.

8. CALIFORNIA DEPARTMENT OF TRANSPORTATION (1996-1997)KC&A was engaged in November of 1996 to assist the California Department of Transportation (Caltrans) in the development and negotiation of MLA's with the cellular and wireless industry members, including carriers site developers and new technology applications. A strategic plan that included a comprehensive legal/regulatory analysis of the wireless industry and the U. S. Telecommunications Act of 1996 was initially developed for the agency. "Gaming" scenarios and pricing strategies were then designed with Department personnel. "In kind" contributions in lieu of revenues were also analyzed.

Negotiations with the eight major wireless carriers industry in California were then conducted in a three month period, with all MLA's executed in the second quarter of 1997. Estimated revenues for this project are more than $10 million annually, assuming maximum deployment by the industry on more than a thousand sites by the year 2003.

9. MONTANA DEPARTMENT OF TRANSPORTATION (1997)

KC&A contracted in the summer of 1997 to conduct a market survey to determine the level of interest in developing the interstate highway system with commercial fiber optics. A comprehensive legal and regulatory analysis, as well as on site interviews and discussions with the Department of Transportation personnel were conducted to determine the advisability of opening the ROW for any reason whatsoever. All major telecommunications carriers were contacted and appraised for their respective levels of interest in the state. A report was delivered to this transportation agency within six weeks of our receipt of a notification to proceed.

10. OKLAHOMA DEPARTMENT OF TRANSPORTATION (1996)KC&A performed an assessment of two offers for right-of way development by the telecommunications industry that were received by the Oklahoma Department of Transportation and Turnpike Authority. KC&A was asked to determine if the offers of dark and lighted fibers, revenues and other remuneration's represented good value to the State. Information regarding wireless leasing arrangements was also provided.

In the summer of 2000, KC&A contracted with the MTA to assist this ten-city (and the County government) joint powers agency with several endeavors, including:

Evaluating an offer from a competitive local exchange carrier for revenues and/or dark fiber

Appraising an offer from AT&T Broadband to construct a Municipal Area Network (MAN)

Analyzing existing municipal encroachment agreements to ensure fewer street incursions and uniform treatment of all carriers seeking entry into County and municipally-owned streets.

KC&A completed these tasks in 2001; filing reports and recommendations in April. The MTA then tasked our firm to develop a business case for construction of a MAN. This project involved Web surveys, focus groups, community workshops, cost benefit analyses and computations of return on investment for the MTA. The business plan was delivered to the MTA in April, 2002. Next steps, including issuance of an RFP, are now under consideration by the MTA.

2. CITY OF ANAHEIM (CA) PUBLIC UTILITIES DEPARTMENT (1995-2002)KC&A assisted the City of Anaheims' municipal electric in negotiations of a public/private partnership arrangement with FirstWorld International (formerly known as Spectranet) that is the first of its kind for a large, municipally owned utility and city. On February 25, 1997 the Anaheim City Council approved a final contract that provided the following revenues and services to the city's 300,000 businesses and residents within the next four to six years:

Anaheim received $6 million in revenues as rent payments from FirstWorld (spread of a 30 year period)

The city received 5% of gross revenues, or $1 million per year, whichever is greater

Anaheim received additional revenue percentages for public access and economic development activities

All major municipally-owned buildings, including schools and libraries, were to be connected to the FirstWorld network, at either no charge (on network buildings) or the lowest government rate (off network facilities)

The city received monies to fund World Wide Web Access, Interactive Community Bulletin Boards and user-friendly Access Stations for all Anaheim citizens

In exchange for these features and amenities, FirstWorld received 60 of the city's 96 strands of fiber in Anaheim's municipally owned electrical utility system. The company will offer advanced telecommunications services to the business customers (and residential customers as early as 2002) as a duly certificated competitive local exchange carrier. This arrangement was consummated in the spring of 1997.

KC&A was retained to ensure that FirstWorld is in full compliance with the shared resource contract. In 2000, First World (now known as Dorado) encountered financial difficulties. KC&A assisted the City in negotiating the agreement between the parties that effectively dissolved the joint development project, returned the fiber optic network and ensured final payment of all monies owed to Anaheim.

3. BURBANK (CA) POWER AND LIGHT (2000-Ongoing)

KC&A was retained by the municipal electric to assist them in evaluating their options regarding entry into the telecommunications business. BW&P has been at the forefront for a number of years already, with an active dark fiber leasing program that generates more than $1 million per year. With clients such as Disney, Fox and NBC in the city, this municipal electric is considering offering very high speed interconnections to the Internet. KC&A was assigned the task of ensuring that all regulatory agencies, including the California Public Utilities Commission (CPUC) and the Federal Communications Commission (FCC) were apprised of these activities.

In the spring of 2002, KC&A was assigned to assist BW&P in crafting an interconnection agreement, and assisting in negotiations with another municipal electric to create a very high-speed network serving both agencies' various customers. This project is ongoing.

In 2005, KC&A assisted BWP in developing an operating agreement with Los Angeles Department of Water & Power (LADWP). This Coordinate Agreement laid out the terms and conditions for interconnecting the two municipal electric’s dark fiber networks together. The major objective of the pact is to allow seamless communications, using state-of –the-art network technologies and applications, between the two service areas for major customers; in particular the major entertainment industry studios such as Disney, Warner Brothers and NBC/Universal; as well as the hundreds of productions houses that serve them.

In 2008, KC&A was tasked by BWP to begin looking at wireless services and applications (e.g., wireless meter reading and demand control) that could operate over towers and antennas connected to the existing BWP fiber optic network. Interviews with the three major studios were conducted to determine their level of interest (extremely high). The Providence St. Joseph’s Medical Facility (largest in Southern California) was also queried as to their interest in interconnectivity and hospital industry-specific applications (again, extremely high interest levels).

In 2009, KC&A was hired to work with other consultants to provide assistance in developing ONE Burbank, the comprehensive fiber and wireless network that will provide service and applications to the above-noted industries and specific clients. That effort will be ongoing through 2010 and beyond.

4. CITY OF PASADENA, CALIFORNIA (1997)

KC&A assisted this southern California city in creating a business plan for development of its municipally owned utility. Tasks included a legal/regulatory analysis, industry survey to elicit exact levels of interest in Pasadena ROW and interviews with key businesses, non-profits and educational institutions (e. g., the Jet Propulsion Laboratory and Cal Tech) within the city.

5. CITY OF GLENDALE, CALIFORNIA (1997-Ongoing)KC&A was tasked in September of 1997 to evaluate proposals received from the telecommunications industry for development of its various municipally-owned and operated rights-of-way, including fiber optic duct systems, utility poles, etc. The RFP for this project was developed by City staff and modeled on the Anaheim approach.

In 2001, KC&A met with critical staff to assist them in evaluating encroachment terms and conditions for carriers seeking access to City streets. We continue to maintain an on-call contractual relationship with this client.

6. CITIES OF MILPITAS AND BELMONT, CALIFORNIA (1994-1995)KC&A contracted with these two northern California cities to negotiate encroachment agreements with fiber optic vendors. We "gamed" and implemented various, unique strategies for these clients that include major service discounts, provision of capacity and fiber cable to the cities by the fiber optic vendors and revenues for the cities. All contracts are, by agreement of the parties, confidential. We will discuss general terms and conditions, if requested.

7. ALEMEDA COUNTY (CA) POWER AND TELECOM (2001)

KC&A was hired by this municipal electric to provide a fair market appraisal for the value of installing fiber optic facilities in a joint development project adjacent to the Oakland Airport. A final report was presented to management in the fall of 2001.

8. CITY OF HAYWARD, CALIFORNIA (2001)

KC&A was asked to evaluate a joint development offer from a "Telecommunications Hotel" in the city; as well as provide assistance in updating this municipality's encroachment ordinance. A report was delivered to the client in the fall of 2001, with recommendations.

9. CONTRA COSTA AND ALEMEDA COUNTIES (CA) (1993-1994)KC&A conducted an extensive market survey for Alameda and Contra Costa Counties in the fall of 1993. The counties reviewed the findings and decided to issue an RFP to the industry in late spring of 1994. KC&A designed the RFP and assisted the counties in the release of the document. The counties finally negotiated with GST, a CLEC that installed a multi - conduit system within more than 50 miles of contiguous right of way. The project serves the major cities of each county and is complimentary with the BART fiber optic project.

10. CITY OF MORGAN HILL, CALIFORNIA (2002-2003)

KC&A provided an assessment of the fair market value of two - City owned sites for wireless site development. We also provided "gaming scenarios" to ensure a favorable outcome.

KC&A has been asked to develop fair market value rates for all types of fiber optic occupancies in the Port Authority's various Hudson River Crossings (Holland and Lincoln Tunnels, George Washington and other bridges, etc.). In addition, the Port Authority has asked for recommendations regarding development for commercial development of dark fiber networks that are in place at the agency's three airports (Newark, JFK and LaGuardia).

2. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY (1996)

KC&A was engaged to assist the Port Authority (PA) in marketing their assets for development with the telecommunications industry. The project encompassed three distinct areas: (1) the World Trade Center's complex telecommunications wiring infrastructure, (2) the World Trade Center telephone switching system, and (3) the relocation of the Port's FCC bandwidth for Personal Communications Systems (PCS). KC&A was responsible for the following:

Assessment of current asset values

Development and assessment of market interest

Development of negotiation strategies and tactics.

The Port Authority accepted all assignments and recommendations in the summer of 1996.

3. METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (1998-1999)KC&A recently conducted an intensive technical investigation and feasibility study for the nation's largest water agency (serving 17 million citizens in Southern California) to determine the feasibility of offering telecommunications services to client water agencies, either through a public/private partnership; or as a stand-alone system owned and operated by the MWD. The water industry is on the verge of national deregulation and is an optimum candidate for a telecommunications/resource sharing arrangement. A comprehensive report was delivered to this agency in August of 1998.

4. SAN JOSE WATER RECLAMATION PROJECT (1994-1995/2002-2003)KC&A conducted an extensive market survey for San Jose (the City's Environmental Services Department), the third largest city in California, to determine the level of interest in placing fiber optic conduit within a proposed pressurized water reclamation project that has both federal and state funding. This public works project, when completed, will serve all of Silicon Valley, the high technology center for the State of California.

The market survey was completed in July of 1994. KC&A was able to determine a significant level of interest; but counseled San Jose to issue a Request for Information (RFI) to further stimulate demand. That RFI, designed by our firm, was issued in October of 1994. Written expressions of interest were received in December 1994 from several major telecommunications vendors. The City of San Jose then took control over the project from the Environmental Services Department. The conduit system was installed in 1994 and was marketed on behalf of the city by Media Connections for the next four years.

In 2002, KC&A was contacted by the City again, and asked to market the still-unused conduit system to the industry. We found three firms interested in leasing space in four months of marketing effort. The City was developing a process to negotiate with these entities in the summer of 2003.

5. GOLDEN GATE BRIDGE DISTRICT (1995-2000)KC&A is currently under contract to provide analysis and consulting services, as well as negotiate on an as-needed basis for the Golden Gate Bridge District. Various telecommunications firms, including Pacific Bell, AT&T, Qwest, TCI, and the Advanced Telecommunications Group (ATG), have expressed interest in the various other rights of way owned by the Bridge District.

6. FORT ORD REUSE AUTHORITY (1995)KC&A provided an assessment of the telecommunications system and infrastructure at Fort Ord, California in preparation of transfer of assets after that base's closure by the U.S. Army to the Fort Ord Reuse Authority (FORA). FORA comprises three governmental agencies (County of Monterey, Cities of Seaside and Marina) and two educational institutions (the University of California at Santa Cruz and California State University Monterey). Duties included identifying the legal and technical problems now confronting FORA and the Ft. Ord telecommunications system. All stakeholders were interviewed and a final report with recommendations was issued.

7. MISSOURI BASIN MUNICIPAL POWER AGENCY (1998)

This consortium group of 38 diverse municipal power companies throughout the three state area of Minnesota and North and South Dakota is seekingmultiple, affordable solutions to serve their customers in an era of deregulation in both the telecommunications and power industries. Kingston Cole & Associates has developed a seminar discussion for the members to evaluate the various information services and solutions that are available now in the near term future, including: wireless technologies, fiber optic systems and applications, satellite systems' availability and affordability and other alternatives to the standard local service providers¹ products and services.

Upon request, we will also be glad to discuss projects completed with private-sector clients.